Selling a Property

Q: What law governs the sale of property in Ireland?

The main legislation is the Land and Conveyancing Law Reform Act 2009, which modernised Irish property law and provides the framework for transferring property, known as conveyancing. It covers the preparation of the contract for sale, the completion of the transaction, and the resolution of any disputes that arise. Alongside it, planning, building control, and tax rules also apply to a sale.

Selling a property and moving home is acknowledged by many to be one of life’s most stressful experiences. At McCarthy + Co, our conveyancing team takes the stress out of this process with expert advice, watertight legal documentation, and invaluable input into closing the sale.

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Types of Property Sales

Our highly experienced conveyancing team provide expert guidance in the following areas:

Selling a House

Ensuring your house sale is managed efficiently through drafting and reviewing contracts, managing legal documentation, liaising with the buyer’s solicitor, and closing the sale.

Selling at Auction

Helping our clients sell at auction by preparing the legal pack, including title deeds and contracts. Dealing with post-auction admin including transfer of ownership and payment.

Selling in Probate

Helping our clients selling in probate by verifying the executor’s right to sell, obtaining a Grant of Probate, preparing contracts, and handling the transfer of ownership.

Get Started With Selling a Property in Ireland

At McCarthy + Co Solicitors LLP, our conveyancing team is led by Joseph McCarthy, who has extensive experience assisting homeowners and prospective homeowners throughout their property buying and selling journeys. Whether this is your first time selling or you are an experienced investor, Joseph and his team handle the legal side of the sale efficiently, keeping the process moving and the stress to a minimum.

Sellers across Ireland choose McCarthy + Co for their conveyancing because we offer:

Expert guidance – We advise you throughout the sale on issues such as contract terms, tax, regulatory compliance, and any disputes that arise.
Drafting and reviewing the contract – The contract for sale is a legally binding document. We draft, review, and amend it so that your rights are protected and the terms are fair.
Conducting searches – We carry out the searches needed to confirm there are no issues that could affect the sale, such as outstanding charges, planning matters, or restrictive covenants.
Liaising with the buyer’s solicitor – We negotiate the terms, respond to enquiries, and coordinate the exchange and completion of contracts.
Closing the sale – We receive the purchase funds, discharge any existing mortgage, and ensure the legal title is transferred to the buyer.

We pride ourselves on a highly responsive service that minimises the stress of the legal and administrative side of selling.

The conveyancing process is detailed and requires thorough knowledge of property law. Having an experienced solicitor on your side helps you move through the process efficiently while protecting your interests. Get in touch with our conveyancing solicitors today to talk through your plans.

“Selling our house was a challenge as it started in the middle of the pandemic. We first dealt with Clíodhna O’Regan and she was very helpful. We needed on some occasions to ask her to explain the process over the phone. And she was very obliging, and explained each aspect and cleared up some of the terminology for us. It was easier to do this over the phone. When she left on maternity leave, Joseph McCarthy took over the process. We did not find any loss in quality with this transition, it was seamless. Joseph was very accessible and willing to answer our questions, no matter how small. He quickly made us feel at ease with the final sale, we felt informed and he was quick to react to concerns from the lawyer’s side.“

Mike

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Meet Joseph McCarthy

Joseph McCarthy is a partner at McCarthy + Co Solicitors LLP and has been an integral member of the team since 2013. He is a highly experienced conveyancing solicitor, helping homeowners and prospective homeowners throughout the process of buying and selling their properties. Whether clients are selling, purchasing their first home, or moving to a new one, Joseph guides them through every stage with a problem-solving approach and a genuine commitment to making the experience as straightforward as possible.

Joseph’s client-focused mindset shapes his work, as he is known for keeping clients well informed and connecting them with the right expert whenever a matter falls outside his area. If you are currently looking to sell a property and would like trusted, attentive advice, you can contact Joseph directly at joseph@mccarthy.ie.

Joseph McCarthy, Associate Solicitor, Wills & Probate

Frequently Asked Questions

Questions we are often asked in relation to selling a property.

Do I need a solicitor to sell a property in Ireland?

It is not a legal requirement, but it is strongly advised, and in practice a sale is very difficult to complete without one. Your solicitor drafts and negotiates the contract for sale, replies to the buyer’s enquiries, gathers the title documents, liaises with the buyer’s solicitor, and closes the sale. Selling without a solicitor risks delays, legal complications, and financial loss, so most sellers consider professional advice essential.

What should I consider when selling a property?

A few things are worth thinking about early. You will need a realistic sense of the market value, usually with the help of an estate agent or valuer, and a solicitor to handle the legal side. You should gather the relevant documents in good time, including the title deeds, planning paperwork, and a valid Building Energy Rating certificate. It is also worth considering the timing of the sale, current market conditions, and any tax that may arise.

What documents will I need to provide?

Your solicitor will tell you exactly what is needed, but a sale typically requires the title deeds, evidence that any extensions or alterations had the necessary planning permission and complied with the building regulations, and a valid Building Energy Rating certificate, which you must have before the property is advertised. Where the property was inherited, documents relating to the estate will also be needed. Gathering these early helps avoid delays once a buyer is found.

Will I have to pay tax when I sell?

It depends on the property. If you are selling your main home, the gain is usually exempt from capital gains tax under principal private residence relief. If you are selling an investment or second property, capital gains tax, currently charged at 33%, may apply to the profit you make. You should also ensure your Local Property Tax is up to date, as this is checked on a sale. We can flag the likely position early, though we would always recommend specific tax advice where larger sums are involved.

What law governs the sale of property in Ireland?

The main legislation is the Land and Conveyancing Law Reform Act 2009, which modernised Irish property law and provides the framework for transferring property, known as conveyancing. It covers the preparation of the contract for sale, the completion of the transaction, and the resolution of any disputes that arise. Alongside it, planning, building control, and tax rules also apply to a sale.